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沉默权制度的确立与否,体现着一个国家刑事诉讼的民主化程度以及对实体与程序正当、惩罚与保障人权等相关冲突的诉讼价值的选择态度。本文从沉默权确立的必要性和可行性角度探索和分析,阐明在我国确立沉默权是完善法治化进程的有效手段和措施,是对司法改革乃至法治社会进程的巨大推进。
The establishment of the system of right to silence reflects the degree of democratization of a country’s criminal procedure as well as the choice of the value of litigation about the conflict between substantive and procedural justification, punishment and protection of human rights. This article explores and analyzes the necessity and feasibility of the establishment of the right to silence, and clarifies that the establishment of the right to silence in our country is an effective measure and measure to perfect the process of the rule of law. It is a great impetus to the judicial reform and even to the society under the rule of law.